Saint Charles, MO asked in Family Law and Probate for Missouri

Q: Where do I find a joint petition to remove conservatorship now that my husband is no longer disabled

My husband was declared disabled and since has regained cognitive functions, how do we get him his rights back and end conservatorship

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Probate Lawyer
  • Sacramento, CA

A: Here are the steps to end a conservatorship in Missouri when your husband has regained capacity:

1. File a Joint Petition for Termination of Conservatorship with the probate court that has jurisdiction over the conservatorship. This requests that the court terminate the conservatorship.

2. The petition should state that your husband is no longer incapacitated or disabled, and can manage his own financial affairs and make decisions. Supporting medical evidence like doctor's letters should be attached.

3. An evidentiary hearing will be scheduled where you and your husband must present evidence he has capacity and no longer needs a conservator. The court will hear testimony.

4. If satisfied, the judge will issue a Court Order Terminating the Conservatorship. This ends the conservator's legal authority and restores your husband's rights.

The probate court clerk can provide the joint petition form. Some courts may have templates online as well. You may also want to hire a probate attorney to assist with filing the paperwork and representing you at the termination hearing.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.